What is the required waiting period ('Iddah) for a woman married by a non-permissible marriage (Mazni biha)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The primary ruling dictates that a woman subject to a non-permissible marriage must observe a full waiting period, similar to one whose husband committed *shubhah* (a questionable act implying marriage). This is because the act involves a sexual penetration (*watu'*) that necessitates the filling of the womb, thus mandating an 'Iddah, just as in cases of *shubhat al-watu'*. Furthermore, since she is a free woman, a full waiting period is obligatory upon her, consistent with the waiting period for a woman whose husband committed an act under *shubhah*.
Supporting text
Al-Hasan and Al-Nakha'i hold this view. Another narration from Ahmad, mentioned by Ibn Abi Musa, suggests that she must wait for one menstrual cycle (*haydah*). Malik, Abu Bakr, Umar, Al-Thawri, Al-Shafi'i, and the Companions of *Ra'y* (Ahl al-Ra'y) maintain that no 'Iddah is required for her because the purpose of 'Iddah is the preservation of lineage, and no lineage is established for her in this scenario. This latter view is supported by a narration from Ali.